25 Amendments of Lina GÁLVEZ MUÑOZ related to 2020/2020(INI)
Amendment 4 #
Draft opinion
Recital A
Recital A
A. whereas Article 3 of the Treaty on European Union (TEU) stipulates that the Union is to promote social justice and protectionand its internal market shall amongst others work for the sustainable development of Europe, a social market economy, social progress and the promotion of social justice and protection; whereas according Article 9 of the Treaty on the Functioning of the European Union (TFEU), the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health in defining and implementing its policies and activities;
Amendment 12 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas a more integrated and interconnected market for services is necessary to tackle the climate change; whereas economic, environmental and social considerations must be put on equal footing to pave the way for a sustainable services market free from environmental and social dumping, in line with the just transition;
Amendment 22 #
Draft opinion
Recital B
Recital B
B. whereas the free movement of services must under no circumstances undermine workers’ rights, social protection or the principle of subsidiarity, and; whereas the protection and promotion of fair wages as well as decent working and employment conditions, play a key role in creating a well-functioning, fair and sustainable single market for quality services; whereas the freedom to provide services must not undermine fundamental rights, including social workers' and trade union rights; whereas a fully functioning market for services requires access to information as well as monitoring and enforcement of applicable rules, including safe ways to report abuses; whereas digital technology can facilitate the supervision and enforcement of the ruleslegislation safeguarding the rights of mobile workers;
Amendment 31 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the Single Market can only be sustainable and increase prosperity if it is ensured that the exchange of goods and services is based on fair rules regarding social security, workers' rights, working and employment conditions, gender equality, as well as the protection of consumers and the environment;
Amendment 37 #
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas there are over 2.3 million posting operations for the provision of services in other Member States;
Amendment 38 #
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the COVID-19 pandemic is a serious threat to public health, impacting the health and lives of all persons residing in the EU as well as the health and care systems in the Member States; whereas the current COVID-19 crisis has shed light on existing short- comings in the protection of mobile workers, such as cross-border workers, seasonal workers and posted workers, in particular with regard to their working and employment conditions, access to health and safety, social protection, safe transport and decent accommodation in line with sanitary and social distancing requirements, as well as support in order to report abuses; whereas women and young mobile workers are often particularly vulnerable;
Amendment 43 #
Draft opinion
Recital C
Recital C
C. whereas the social implications of the free movement of services mean the EU needs a robust cohesion policy and a fair and geographically balanced industrial policyUnion needs a robust cohesion policy and a fair and geographically balanced internal market to tackle the social implications of the free movement of services; whereas effective regulation is crucial to ensure decent employment and working conditions, quality services and fair competition;
Amendment 51 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas social and environmental dumping between Member States, including through artificial arrangements, is first and foremost at the expense of workers, consumers and law- abiding SMEs and continues to be an obstacle to fair competition based on quality services and sustainable development;
Amendment 55 #
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas policies targeting SMEs and start-ups must not provide opportunities for businesses to circumvent existing rules, lower the protection of workers and consumers, or increase the risk of corporate fraud, criminal activities and letterbox companies;
Amendment 58 #
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas the European Labour Authority (ELA) was established in 2019 with the aim of coordinating and supporting Member States and the Commission in the effective application and enforcement of Union law related to labour mobility and social security coordination; whereas ELA is expected to reach its full operational capacity by 2024;
Amendment 74 #
Draft opinion
Paragraph 1
Paragraph 1
1. Opposes the introduction of the country-of-origin principle, and considerstresses that the free movement of services must be achieved without undermining workers’ rights and social rights;
Amendment 75 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that Union legislation related to the free movement of services shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right of freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice, nor affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice; [This should become the first paragraph.]
Amendment 82 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers additional national provisions as regards the access to and the exercise of specific professions, in view of the public interest and the protection of workers and/or consumers, not an obstacle to the deepening of the Single Market;
Amendment 86 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that one of the objectives of the amended Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, is to ensure the protection of posted workers during their posting in relation to the freedom to provide services, by laying down mandatory provisions regarding working conditions and the protection of workers' health and safety; calls on the Member States to ensure that they meet the minimum requirements of the amended directive and to make full use of the additional scope offered in view of a better protection of posted workers and fair competition between service providers;
Amendment 89 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls on the Member States to transpose the revised Posting of Workers Directive into national law in a correct, timely and ambitious manner, ensuring equal treatment and the protection of posted workers, in particular with a view to remuneration and obligation of employers to reimburse posted workers expenditures incurred on account of the posting, such as travel, board and lodging expenses, in accordance with the national law and/or practice applicable to the employment relationship;
Amendment 91 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Underlines that the Commission proposal for a revised services notification procedure undermines the legislative competence of Member States in the field of services; highlights that the controversial proposal is blocked in the Council; calls on the Commission to withdraw its proposal;
Amendment 93 #
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Is strongly concerned about the Commission proposal for a European services e-card and its impact on the enforcement capacities of host Member States with regard to the obligations of companies as well as workers' rights, consumer protection and the quality of services; warns that the proposal will create legislative loopholes, hinder effective controls and enforcement because of de facto introduction of the country of origin principle; reiterates therefore its call on the Commission to withdraw its proposal;
Amendment 95 #
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Underlines that the objectives of the European Pillar of Social Rights, the Sustainable Development Goals, the European Green Deal and the Gender Equality Strategy must also be reflected in the approach to the Single Market for services, promoting high social and environmental standards as a pre- requisite for productivity increases; highlights the importance of public procurement to achieve these objectives;
Amendment 96 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission, Member States and local authorities to work togethercooperate closely with the social partners to devise strategies to guarantee and facilitate the voluntary – rather than enforced – mobility of workers, by implementing the right public policies and providing high- quality job opportunities which match workers skillsand ELA on improving access to information for workers and employers as well as the enforcement of rules regarding fair labour mobility;
Amendment 105 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to ensure efficient coordination and exchange of information between Member States, also with the help and support of the ELA; recalls that ELA should play a key role in enhancing the detection of social fraud, exploitation and abuses in cross-border employment situations, such as social fraud, bogus self-employment, bogus posting, letter-box companies, undeclared work as well as artificial arrangements with regard to subcontracting and supply- chains;
Amendment 119 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to increase its efforts and make ELA operational without undue delay in view of improving the application and enforcement of Union law related to labour mobility and social security coordination;
Amendment 137 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to introduce a European Social Security Register as well as a European Social Security Number, to provide legal certainty for workers and businesses, while effectively controlling subcontracting practices and combating social fraud; urges Member States in this context to ensure the proper implementation and enforcement of Union law to facilitate the free movement and social protection of workers as well as the cross-border provision of services, thereby ensuring a level playing field in the Single Market;
Amendment 145 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission and the Member States to ensure, as a matter of urgency, the proper implementation and enforcement of applicable Union legislation concerning the rights of cross- border and seasonal workers, particularly the right to equal pay for equal work at the same place as well as decent working and employment conditions; stresses the particular vulnerability of women and young mobile workers; underlines the need to step up concerted and joint labour inspections at national and cross-border level in this context; insists that decisive steps must be taken to ensure that cross- border and seasonal workers have a clear understanding of, full information about and unhindered access to their contracts, rights and obligations before departure and that their contracts are made available to the competent authorities; calls on the Member States to enhance the capacity of labour inspectorates and to prioritise sectors where workers are at risk;
Amendment 153 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission present a legislative proposal to ensure that a company, that is instructing another company with the provision of services on its behalf, can be held liable to pay to workers all due entitlements and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in addition to or in place of the employer;
Amendment 158 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls upon the Commission to identify protection gaps and possible necessary revisions of Directive 2008/104/EC on temporary agency work, in order to ensure decent working and employment conditions for temporary agency workers and fair competition for temporary agencies;